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Licence - Premises Licence - Licensing (Scotland) Act 2005

Licence - Premises Licence - Licensing (Scotland) Act 2005

Licence summary

If you wish to sell alcohol, your premises must be licensed. This does not apply where the premises in question are exempt premises.

Applications are made to Clackmannanshire Licensing Board.

You must be 18 years or older to make the application which must include a description of the premises, an operating plan, a layout plan of the premises, and certificates for planning, building standards and, if relevant, food hygiene.

You will also require a premises manager who must be a personal licence holder to sell and authorise the sale of alcohol.

Mandatory Conditions will be attached to a licence. The Board may impose local conditions.

Premises are exempt if they are (1) a designated examination station at a Scottish Airport (2) a designated approved wharf or hoverport (3) an aircraft, hovercraft or railway vehicle while engaged on a journey (4) a vessel engaged on a n international journey or forming part of a ferry service or (5) an airport carry substantial international passenger traffic designated by order. If you are in any doubt as to whether your Premises are exempt, please contact the Licensing Administrator in the first instance.

Eligibility Criteria

Applicants must be over 18 years of age.

Regulation Summary

A summary of the eligibility criteria for this licence

Application Evaluation Process

(i) Applications must contain a description of the premises and be accompanied by an operating plan, a layout plan, a planning certificate, a building standards certificate and if applicable, a food hygiene certificate.
An operating plan will detail the following:

• the activities to be carried out on the premises


• the times when alcohol will be sold


• whether alcohol is to be sold for consumption on or off the premises or both


• times when any activities other than the sale of alcohol will be carried out


• where alcohol is to be sold on the premises a statement detailing whether children or young people will be allowed on the premises and if so details of the ages of children and young persons to be allowed entry, when they can be present, and the parts of the premises they can enter


• the capacity of the premises


• specific information about the premises manager


• any other information required
  (ii) Notices :

(a) The Board will give notice of the application, together with a copy of it, to the following:

• every person who has a notifiable interest in the land neighbouring the premises


• any community council for the area in which the premises are situated


• the council for the area in which the premises are situated, unless the council is the applicant


• the chief constable for the area where the premises are situated


• the fire and rescue authority for the area in which the premises are situated

(b) The chief constable must give (aa) a notice either that the applicant or connected persons have not been convicted of a relevant or foreign offence or detailing any such convictions and (bb) a report detailing all cases of antisocial behaviour that have taken place on or around the premises and all complaints and other representations concerning antisocial behaviour within the previous year.

A Licensing Board must consider any notices it receives relating to representations or objections and serve a copy of the notice on the applicant.

A hearing must be held to determine the application. If any of the grounds for refusal apply the application must be refused.

(iii) Grounds of Refusal :

The following are grounds for refusal:

• the premises are excluded premises and are not garage premises


• the premises are garage premises (except where there is a significant reliance in the local area on the premises as a source of either groceries or fuel)


• there are no exceptional circumstances for allowing the sale of alcohol over a 24 hour period


• the applicant requests the sale of alcohol off the premises before 10.00, after 22.00 or both


• the applicant has had another application for the same premises refused within the last 12 months


• the granting of the application would be inconsistent with one or more of the licensing objectives


• considering the nature of the activities proposed, the location, character and condition of the premises and the types of people likely to visit the premises the Board is of the view that the premises are unsuitable for selling alcohol


• that if the application was granted there would be too many licensed premises in the locality.

If the application is refused the Licensing Board must give reasons for the refusal.

If the Board would grant an application with a modification and the applicant accepts the modification, the licence must be granted.

(iv) Convictions during the processing of an application :

If an applicant or a connected person is convicted of an offence after the date the application was submitted but before it is determined they must notify the Board. If such information is received a Board must suspend the application and give notice to the chief constable of the conviction. The chief constable must respond by way of a notice within 21 days as to whether the conviction can be confirmed and if so if it is a relevant or foreign offence.

(v) Variations :

Applications to vary a licence must be made to the Licensing Board and must be accompanied by the licence or if this is not possible with a statement saying why the licence cannot be produced. If the variation is minor the application must be allowed. For any other application a hearing must be held.

If any of the grounds for refusal apply, the application must be refused. The grounds for refusal are the same as above except that an application for a variation cannot be allowed if a previous application for the same variation has been made and rejected within the previous 12 months.

(vi) Transfers :

(a) Applications by a premises licence holder to transfer the licence to another person (the transferee) must be accompanied by the licence or if this is not possible with a statement saying why the licence cannot be produced. A Licensing Board will give notice of such an application to the chief constable who must respond within 21 days with a notice stating whether the transferee or a connected person has been convicted of a relevant or foreign offence and, if appropriate, detailing convictions. The Chief Constable can recommend refusal if there are convictions. If there are no convictions, the Board must grant the application and otherwise must hold a hearing.

(b) A person other than a premises licence holder can apply to have the licence transferred if the licence holder dies or becomes incapacitated, becomes insolvent, is dissolved or the premises is transferred to another person. The same process will apply to such an application. Applications to vary licences can be made at the same time.

Extensions of Hours

A premises licence holder can seek an extension of hours for a special event or occasion on the premises or a special event of local or national significance.

The maximum duration is one month.

Within 10 days of application (a) the Chief Constable can object on the grounds of the crime prevention objective and (b) the Licensing Standards Officer must submit comments.

If no notice or adverse comment the Board must grant an application.

Will Tacit Consent Apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the Licensing Board by the end of the undernoted target completion periods. These periods commence from the date of receipt of application and all supporting documentation.

Target Completion dates :

6 months for a premises licence or major variation application
4 weeks for a minor variation application
2 months for a transfer application where a hearing is required
5 weeks for a transfer application to be dealt with under delegated powers
6 weeks for an extended hours application
4 weeks for an extended hours application to be dealt with under delegated powers

Apply

Please email licensing@clacks.gov.uk to apply for this licence.

Fees

(i) Premises Licence Applications :
Fees payable on a Premises Licence application depend upon the rateable value of the premises and the category into which the premises fall. The categories are as follows:

Category 1

1. The premises are not entered in the valuation roll or have a nil value;


2. Their main function is to provide a visitor attraction and the sale of alcohol is for consumption off the premises and the Board considers the sale of alcohol incidental to the other activities carried on;


3. They are used wholly or mainly for the purpose of a club as defined in the Licensing (Clubs)(Regulations) 2007; or


4. Their main function is to provide accommodation, they are not open to the public other than for provision of accommodation and any alcohol sold on the premises is to be consumed on the premises by guests being accommodated there.

The fees applicable in the case of premises licence applications to Clackmannanshire Licensing Board are as follows:

Category	Rateable Value £	Application Fee £	Annual Fee £
1	Nil	200	180
2	1 - 11,500	800	220
3	11,501 - 35,000	1,100	280
4	35,001 - 70,000	1,300	500
5	70,001 - 130,000	1,700	700
6	Over 130,001	2,000	900

(ii) Variation Applications :

Other than Minor - £150

Other than Minor with substitution of premises manager - £170

Minor - £20

Minor with substitution of premises
manager - £31

Substitution of premises manager - £20

(iii) Transfer Applications : £120

With variation - £150

(iv) Extended Hours Applications : £10

Failed Application Redress

Please contact the Licensing Administrator in the first instance.

Appeals against the refusal of an application of any of the above types can be made to the Sheriff Principal of Tayside, Central and Fife .

Appeals can only be made on one or more of the following grounds:

• the Licensing Board made a mistake in law


• the decision was based on incorrect material facts


• the Licensing Board acted contrary to natural justice


• the Licensing Board used their discretion in an unreasonable manner


• if at a review hearing of a premises licence, a licence was suspended, varied or revoked, a written warning was issued or a personal licence was revoked, suspended or endorsed and the steps taken are disproportionate.

Licence Holder Redress

Please contact the Licensing Administrator in the first instance.

If you have a complaint about how the Board has handled a matter concerning you, you can use the Council's Complaints Procedure.

Consumer Complaint

Consumers are recommended that in the event of a complaint the first contact is made with the licence holder - preferably by letter (with proof of delivery). If you are unable to resolve your complaint direct with the licence holder you can contact Consumer Rights webpage for advice if you are in the UK. If you are outside the UK you should contact the UK European Consumer Centre.

Any person may apply to the Licensing Board for a review of the licence. Grounds for review are that one or more of the conditions have been breached or on any other ground relevant to the licensing objectives. A hearing must be held in relation to the application.

Other Redress

If felt necessary a chief constable can recommend that the application is refused on the grounds that any criminal conviction could be cause to refuse the application for the purposes of crime prevention objectives. This must be served by way of a notice with 21 days of receiving notice from the Licensing Authority. A chief constable can only object if he/she suspects that the applicant or any connected person may be involved in serious organised crime.

Any person may object to an application or make representations in support of an application, modifications to application or conditions to be added to a licence, by way of a notice to the Licensing Board.

Any person may apply to the Licensing Board for a review of the licence. Grounds for review are that one or more of the conditions have been breached or for any other ground relevant to the licensing objectives. A hearing must be held in relation to the application.

Public Registers

The Board maintains a licensing register which is available for inspection on application to the Licensing Administrator.

Trade Associations

Scottish Food and Drink Federation (SFDF)